Business | Environment | Law | National | Politics

Indian Country prepares for a new jolt on Dakota Access Pipeline

Monday, November 14, 2016

Indigenous Rising on YouTube: National Day of Action at Army Corps of Engineers

As if the outcome of last week's presidential election weren't enough, Indian Country is preparing for another jolt while the Dakota Access Pipeline moves closer to reality.

A crucial portion of the controversial project has been under review by the Obama administration for more than two months. But even though the backers of the pipeline lack approval to drill under Lake Oahe, construction has continued on both sides of the Missouri River in North Dakota despite outcry over sacred sites, burial grounds and water resources.

A week before the November 8 vote, President Barack Obama hinted that decision was still in the works and suggested that rerouting the pipeline was a possibility. During a court hearing two days later, government attorneys indicated that some sort of answer -- or, in the words of Standing Rock Sioux Tribe, a "path forward" -- is coming soon.

"The only possible path forward for the Standing Rock Sioux Tribe is a decision that denies the easement or subjects it to a full environmental impact statement and tribal consultation," Chairman Dave Archambault II said in a statement after the November 10 hearing, which took place in the federal courthouse in Washington, D.C.

"The only urgency here arises from DAPL’s reckless decision to build to either site of the Missouri River without a permit," Archambault added. "It even continued construction when the U.S. government asked it to voluntarily stop."

For Immediate Release. November 10th, 2016.
Posted by Standing Rock Sioux Tribe on Thursday, November 10, 2016

Standing Rock Sioux Tribe on Facebook: 'A Path Forward'

But just what is coming is a huge unknown. Pipeline supporters -- including Rep. Kevin Cramer (R-North Dakota), a top adviser to Republican president-elect Donald Trump -- remain extremely confident that the U.S. Army Corps of Engineers will approve the easement.

And a day after the election, Energy Transfer Partners said it secured "all of the remaining capital necessary" to finish the 1,172-mile pipeline. Based on figures discussed during an earnings call last Wednesday, the project costs will reach $4.8 billion.

A top Army Corps official, however, is attempting to address rampant speculation in the nation's capital and uncertainty on the #NoDAPL front-lines in North Dakota. In a statement published in The Bismarck Tribune on Sunday, Brigadier General Scott A. Spellmon said no decisions have been made.

"The easement necessary for the pipeline crossing under Lake Oahe requires headquarters Department of the Army approval and notification to Congress," Spellmon said. "This decision-making process is not yet complete."

"Dakota Access will not be able to complete the Lake Oahe pipeline crossing until it has the easement to cross the corps-managed federal lands," he continued, as he urged the public to review an environmental assessment that was finalized in late July. "Given the importance of this decision to the tribes, to industry and many other interested parties, our current role at the corps, division and district is to address any questions from our senior leaders so that the best possible decisions can be made."

Water Protectors engaged in multiple nonviolent actions today south of Mandan, ND. These photos were taken at the site...
Posted by Rob Wilson Photography on Friday, November 11, 2016

A #NoDAPL water protection effort on Veterans Day, November 11, 2016, was again met by law enforcement in North Dakota. Photos by Rob Wilson Photography [GoFundMe]

With an answer seemingly still in the air, the #NoDAPL movement is preparing for a series of demonstrations at Army Corps offices across the nation. The Day of Action takes place on Tuesday to urge the agency to reject the easement and conduct a full environmental review of the nearly-finished pipeline.

"For 100 years, the United States Army and Native people have been at odds," attorney Tara Houska, a citizen of the Couchiching First Nation who serves as the national campaigns director for Honor the Earth, said in a call to action. "It's time that we step forward and begin a new chapter together, one in which indigenous rights are respected, our lands are respected and our waters are respected by the U.S. government."

Attorneys for Energy Transfer Partners have repeatedly said the pipeline plans to start transporting oil on January 1, 2017, in order to meet its obligations. With that deadline in mind, the firm has already started bringing in drilling equipment in order to complete work at Lake Oahe if the easement is indeed granted.

Indianz.Com SoundCloud: Energy Transfer Partners Earnings Call November 9, 2016

Executives, haven't said what they would do if the easement isn't granted. But litigation appears likely, given the firm's involvement in the lawsuit filed by the Standing Rock Sioux Tribe. The Cheyenne River Sioux Tribe has intervened in the case and the Yankton Sioux Tribe has filed a separate complaint against the Army Corps.

The cases are not anywhere near resolved and the addition of Donald Trump brings more uncertainty. Although he has not spoken about the pipeline directly, he has vowed to lift "roadblocks" to large infrastructure projects and even promised to revive the Keystone XL Pipeline that tribes fought hard to defeat.

Financial disclosure forms show that the incoming president has invested his own money in Energy Transfer Partners. He also owns stock in Phillips 66 Company, which owns 25 percent of the pipeline.

According to last week's earnings call, Energy Transfer Partners will operate the pipeline. Together with Sunoco Logistics Partners, the firm will own 38.25 percent of the project.

The remaining 36.75 percent of the pipeline is owned by MarEn Bakken, a joint entity of Enbridge Energy Partners and Marathon Petroleum. In September, Enbridge withdrew plans for a pipeline that would have crossed tribal treaty territory in Minnesota.